Loading...
Ordinance No. 647ORDINANCE NO. 647 AN ORDINANCE PROVIDING FOR THE SALE AND THE PROCEDURE TO BE FOLLOWED IN MAKING THE SALE OF ALL ABANDONED, STOLEN OR RE- COVERED PROPERTY OF EVERY KIND WITHIN THE POSSESSION OF THE CITY OF BAYTOWN, ITS OFFICERS, EWLOYEES AND AGENTS; PROVID- ING FOR THE DELIVERY OF SUCH PROPERTY TO THE DIRECTOR OF FIN- ANCE; NOTICE AND MANNER OF SALE, THE TERMS UNDER WHICH THE SAME MAY BE SOLD AND PROVIDING FOR REPORTS THEREON AND DIS- POSITION OF THE PROCEEDS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTEMNING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the volume of abandoned, stolen or recovered personal property left in possession of the City of Baytown is so great that existing facilities are inadequate to properly store and hold such property for as long as four (4) months before sale thereof and in many instances the cost and expense to the City is greater than the value of such property left in its possession; and, WHEREAS, the City Council finds that such property should be disposed of after it has been left in the possession of the City for a shorter period of time than that now provided for; and, WHEREAS, the City Council is of the opinion that a period of sixty (60) days is a reasonable time to hold such property before sale thereof; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: What Prouerty is to be Sola: All abandons, stolen or recovered property of every Find, including motor vehicles, which shall remain unclaimed with the Police Department of the City of Baytown for a period of sixty (60) days with- out being claimed or reclaimed by the owners. whether known or not, may be sold or disposed of as herein provided. Section 2; Deliver Jo Director of Finance: The Chief of Police shall give to the Director of Finance of the City of Baytown, a list of all property subject to sale hereunder and shall thereafter deliver said property, except motor vehicles, to the Director of Finance before the date of the sale, and take a receipt from said Director of Finance, showing in detail all property so delivered. Motor ve- hicles shall be kept by the Chief of Police until a sale has been made. Section 3: Notice and banner of Sale: Thirty (30) days notice of the time and place of sale, and descriptive list of the property and motor vehicles or both, to be offered for sale, shall be posted at the City Hall of the City of Baytown, Texas, published in the official newspaper of the City of Baytown, and a copy there- of sent by registered mail to the last known address of the owner, in the event the name of the owner is known to the Director of Finance, and thereafter said property shall be offered for sale at public auction or bidding procedure approved by the City Manager, whichever, in his opinion, would be more advantageous to the City of Baytown. Said property shall be offered for sale for each piece of property separ- ately or assembled in lots, except that motor vehicles shall be sold separately. Section 4: All Sales for Cash: The sale herein provided for in the preceed- ing section shall be conducted at the place and hour designated in the published notice and all sales shall be for cash. Section S: Reports by Director of Finance: The Director of Finance shall conduct such sale, and he shall keep accurate statements of each article or motor vehicle or both, sold and the price bid and paid therefor, and shall make a com- plete report in writing to the City Manager of the City of Baytown, of the time, place and manner of conducting said sale and all funds received. Section 6: Proceeds to be Credited to General Fund: The Director of Finance of the City of Baytown is hereby required to place all funds received by him under and by virtue of this ordinance to the credit of the General Fund to be thereafter disbursed as the City Council of the City of Baytown shall order. Section 7: Worthless Property: Any property which has been listed and of- fered for sale and for which no price or sum has been offered, if deemed in the opinion of the Director of Finance to be worthless and without value, shall be dis- posed of in such manner as the Director of Finance shall prescribe. The descrip- tion of all property destroyed or disposed of by the Director of Finance as worth- less or without value shall be reported to the City Council of the City of Baytown, together with the date and manner of disposal. Section 8: Repealing Clause: All ordinances or parts of ordinances incon- sistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other respects this ordinance shall be cumulative of other ordinances regulating and gov- erning the subject matter covered by this ordinance. Section 9: Savings;glause: If any provision, exception, section, subsec- tion, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconsti- tutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances, and to this end all provisions of this ordinance are declared to be severable. Section 10: Effective Date: This ordinance shall take effect from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council of the City of Baytown, on this the 7th day of February, 1962. Al Clayton, ayor ATTEST : Edna Oliver, City Clerk